Canadian Drivers Could Be Pulled Off U.S. Roads Effective Immediately
Here is what every carrier needs to know about compliance…
New U.S. roadside inspection rules are shining a spotlight on language skills. Canadian trucking companies must be ready.
What are the changes introduced by the U.S. Federal Motor Carrier Safety Administration (FMCSA), and why do they apply to you?
In the first part of this series, we examined the legal and operational impacts of the FMCSA’s new enforcement policy regarding English proficiency requirements. This policy, which took effect on June 25, 2025, grants U.S. roadside inspectors the authority to place a driver out of service if they cannot: read and speak English well enough to converse with the general public; understand highway traffic signs and signals; respond to official inquiries; and make entries on reports and records.
For Canadian carriers operating cross-border routes into the U.S., every driver interacting with U.S. enforcement personnel now represents a compliance risk if their English skills do not meet the standard. As a result, carriers must carefully review their hiring practices, driver assignments, and training programs.
Can You Legally Require Your Drivers to Be Proficient in English?
The short answer is yes, but only if you do it by the book. Language-based cross-border requirements raise important questions for Canadian employers, particularly those with drivers assigned to the U.S. To comply with the FMCSA's new English proficiency enforcement policy without violating Canadian human rights legislation, English proficiency requirements must be clearly linked to job duties.
While language is not explicitly listed as a prohibited ground of discrimination under the Canadian Human Rights Act, an employer's language requirement can still raise concerns if it has an adverse effect based on national or ethnic origin—both of which are prohibited grounds. In these scenarios, employers must justify the language requirement by demonstrating that it constitutes a bona fide occupational requirement (BFOR).
In Quebec, the Charter of Human Rights and Freedoms goes further by explicitly prohibiting discrimination based on language. Therefore, language-based skills, such as requiring English proficiency, must be demonstrably necessary for the position. To establish that a language requirement is a bona fide occupational requirement, the employer must prove that it: is rationally connected to the performance of the job; was adopted in good faith; and is reasonably necessary, meaning that accommodating an employee who does not meet the requirement would impose an undue hardship.
This framework helps employers determine whether imposing an English proficiency requirement on cross-border drivers is justifiable, particularly when regular interactions with U.S. enforcement personnel are part of the job. In practice, employers should avoid blanket language requirements and ensure that employment decisions—such as hiring, reassignment, or termination—are based on specific, job-related criteria.
Quebec Carriers: You Have Additional Obligations to Meet
In addition to complying with human rights legislation, Quebec employers must fulfill distinct obligations under the Charter of the French Language (the "Charter"), which was significantly strengthened by the amendments contained in the Act respecting French, the official and common language of Québec (formerly Bill 96). These amendments introduce strict requirements regarding workplace communications, employee training, and employment-related documents in French. These obligations apply to companies operating in Quebec.
Consequently, Quebec-based carriers, brokers, and shippers must ensure that their French language compliance efforts extend across all operations. Integrating these obligations throughout the supply chain is essential to respect the Charter's French language requirements.
Most employers operating in Quebec must ensure that:
- French is the default language used in internal communications, employment contracts, and training documents;
- The need to use another language, such as English, is clearly justified by the nature and responsibilities of the job; and
- They can demonstrate that the duties of the position cannot reasonably be performed in French and that the use of another language is essential.
French is the default language used in internal communications, employment contracts, and training documents;
The need to use another language, such as English, is clearly justified by the nature and responsibilities of the job; and
They can demonstrate that the duties of the position cannot reasonably be performed in French and that the use of another language is essential.
For employers in the transportation sector, these requirements are particularly important when recruiting commercial truck drivers, many of whom drive cross-border routes.
While U.S. legislation may mandate English proficiency for roadside inspections, Quebec’s language laws impose strict limitations on when another language, like English, can be required for employment. To remain compliant with the Charter, Quebec-based carriers and brokers should apply English proficiency requirements only to cross-border driver positions where the skill is demonstrably necessary, and clearly define which documents or tasks are required solely for the purpose of meeting U.S. compliance obligations.
The Bottom Line
The tightening of English proficiency standards by the FMCSA is impacting Canadian cross-border transportation. Compliance requires the rigorous design of assessment and training programs, while simultaneously ensuring employee protection under Canadian human rights legislation and Quebec's French language laws.
By aligning hiring practices, assignment procedures, communication tools, and training programs with these evolving frameworks, motor carriers can mitigate legal risks and keep their cross-border operations moving smoothly.
This article was originally published on Droit-inc.
